My Crisis article is up on the magazine's web site:

http://www.crisismagazine.com/november2002/feature2.htm
To send a letter to the editor: mail@crisismagazine.com.
Thanks for all the words of support and of course to the people who supplied material for this article.
******************************
Crisis magazine, November 2002.
The Politics of Family Destruction
By Stephen Baskerville
The debate on the family is becoming increasingly politicized. President George W. Bush proposes
federal programs to promote marriage and fatherhood and to enlist churches. Liberals respond that
government does not belong in the family but then advocate federal programs of their own.
Yet the more polarized the issues become the less willing we are to look at the hard politics of the family
crisis. Family policy is still discussed in terms set by therapists and social scientists: the rate of divorce
and unwed motherhood, the level of poverty, the impact on children, the social costs. As if we dont
know.
As a social scientist, I do not deny the value of data (I intend to marshal some myself). But therapeutic
practitioners have established such a hold over family policy that they have paralyzed our capacity to
act. Writing on single motherhood in Commentary magazine, the eminent political scientist James Q.
Wilson grimly concludes, "If you believe, as I do, in the power of culture, you will realize that there is
very little one can do." Like many others (including the Bush administration), Wilson is reduced to
advocating counseling and "education."
What seems missing here is old-fashioned politics, the kind that did not hesitate to make moral
judgments and even express outrage. The politics of the prophets, for example.
The facts are well-established among social scientists, but a kind of ideological correctness on both left
and right seems to keep us from confronting the full implications of what we know. We are afraid to
challenge the accepted clichs about marriage breakdown, even when it becomes clear that they dont
correspond to the evidence.
We should begin, therefore, with the uncontested but seldom-mentioned facts. First, marriages do not
simply "break down" by themselves. Legally, someoneand it is usually oneconsciously ends it by
filing official documents and calling in the government against his or her spouse. According to Frank
Furstenberg and Andrew Cherlin, the authors of Divided Families, some 80 percent of divorces are
unilateral. One spouse usually wishes to keep the family together.
When children are involved, the divorcing parent is overwhelmingly likely to be the mother. Scholarly
studies by Sanford Braver, Margaret Brinig and Douglas Allen, and others estimate that between 67 and
75 percent of such divorces are instigated by the mother. Feminists and divorce attorneys report that
the number is closer to 90 percent. Few of these divorces involve grounds like desertion, adultery, or
violence. "Growing apart" or "not feeling loved or appreciated" are the usual explanations.

The divorcing parent is likely to get custody of the children and coerced financial payments from the
divorced parent. Brinig and Allen even concluded that of 21 variables, "who gets the children is by far
the most important component in deciding who files for divorce."
Clearly more is at work here than husbands and wives deciding to go their separate ways. Under no-fault
laws, divorce has become a means not only of ending a marriage but of seizing monopoly control of the
children, who become weapons conferring leverage backed by penal sanctions. The devastating effects
of divorce and fatherlessness on both children and society are now so well-known that there is no need
to belabor them here. What is seldom appreciated is the broader threat the divorce regime poses to
ethical and constitutional government. In fact, there is today no better example of the link between
personal morality and public ethicsbetween the fidelity of private individuals and the faithfulness of
public servantsor the connection of both with the civilized order.
Significantly, as secular political sophisticates focus narrowly on the sociological, it is Pope John Paul II
who has come closest to the root of the problem. In January, he issued what many saw as a surprisingly
strong statement against divorce that specifically singled out lawyers and judges for criticism. For his
pains he was attacked by lawyers, journalists, and politicians from both the left and right. Yet his
characterization of divorce as a "festering wound" with "devastating consequences that spread in
society like the plague" is as accurate politically as it is socially.
Since the advent of no-fault divorce, a multibillion-dollar industry has grown up around the divorce
courts: judges, lawyers, psychotherapists, mediators, counselors, social workers, and bureaucratic
police. All these people have a professional and financial stake in divorce. In fact, despite pieties to the
contrary, public officials at all levels of governmentincluding elected leaders in both partiesnow
have a vested interest in increasing the number of single-parent homes.
The politics of divorce begins in family court, a relatively new and little-examined institution. Family
courts are usually closed to the public and their proceedings are usually unrecorded. Yet they reach
further into private lives than any other arm of government. Though lowest in the hierarchy, they are
"the most powerful branch of the judiciary," according to Judge Robert Page of the New Jersey family
court. "The power of family court judges is almost unlimited," Page writes.
Secret courts have long been recognized as an invitation to chicanery. "Where there is no publicity,
there is no justice," wrote British philosopher and jurist Jeremy Bentham. "It keeps the judge himself
while trying under trial." Judges claim the secrecy protects family privacy, though in fact it seems to
provide a cloak to violate family privacy and other protections with impunity.
Family court judges are appointed and promoted by commissions dominated by bar associations. That
means they are answerable to those with an interest in maximizing the volume of divorce litigation.
Though family courts complain of being "overburdened," it is clearly in their interest to be
overburdened, since judicial powers and salaries are determined by demand. The aim of the courts,
therefore, is to increase their workload by attracting customers, and the divorce industry has erected a
series of financial and emotional incentives that encourage people to divorce. "With improved services,
more persons will come before the court seeking their availability," Page explains. "As the court does a
better job more persons will be attracted to it as a method of dispute resolution." Doing a "better job"
really means attracting more divorcing parents with generous settlements.
A substantial body of federal and state case law recognizes parenthood as an "essential" constitutional
right "far more precious than property rights" (May v. Anderson). In Doe v. Irwin, a federal court held
that parenthood "cannot be denied without violating those fundamental principles of liberty and justice

which lie at the base of all our civil and political institutions." Yet such apparently unequivocal principles
are never applied in divorce cases, where judges routinely remove children from forcibly divorced
parents without providing any reason.
Once a parent loses custody, he or she no longer has any say in where the children reside, attend school
or day care, or worship. Worse, the parents who have been stripped of custody are in many ways
treated as outlaws. A personalized criminal code is legislated around them by the judge, controlling their
association with their children, their movements, and their finances. Unauthorized contact with their
children can be punished with arrest. Involuntarily divorced parents have been arrested for running into
their children in public places such as sporting events and church, for making unauthorized telephone
calls, and for sending unauthorized birthday cards.
Parents whose spouses want a divorce are ordered to surrender personal diaries, correspondence,
financial records, and other documents normally protected by the Fourth Amendment. Their personal
habits, movements, conversations, writings, and purchases are all subject to inquiry by the court. Their
home can be entered and their visits with their children monitored in a "supervised visitation center."
Anything they say to their spouses, family, friends, counselors, and others can be used against them in
court. Their children, too, can be used as informers.
Forcibly divorced parents are also ordered, on pain of incarceration, to hire cronies of the judge. In what
some see as little less than a shakedown, family courts routinely order forcibly divorced and legally
unimpeachable parents to pay attorneys, psychotherapists, and other professionals with the threat of
jail for not complying.
Family law is now criminalizing constitutionally protected activities as basic as free speech, freedom of
the press, and even private conversations. In many jurisdictions it is now a crime to criticize judges, and
parents have been arrested for doing so. Following his congressional testimony critical of the family
courts in 1992, Jim Wagner of the Georgia Council for Childrens Rights was stripped of custody of his
two children, ordered to pay $6,000 to lawyers he did not hire, and jailed when he could not pay.
The principal tool for enforcing divorce and keeping ejected parents away from their children is a
restraining order. Orders separating parents from their children for months, years, and even life are
routinely issued without the presentation of any evidence of wrongdoing. They are often issued at a
hearing where the parent is not present; they are sometimes issued with no hearing at all. "The
restraining order law is one of the most unconstitutional acts ever passed," says Massachusetts attorney
Gregory Hession, who has filed a federal suit on civil rights grounds. "A court can issue an order that
boots you out of your house, never lets you see your children again, and takes your money, all without
you even knowing that a hearing took place."
Hessions description is confirmed by judges themselves. "Your job is not to become concerned about
the constitutional rights of the man that youre violating as you grant a restraining order," New Jersey
Judge Richard Russell told his colleagues at a training seminar in 1994. "Throw him out on the street,
give him the clothes on his back and tell him, see ya around.... We dont have to worry about the rights."
Elaine Epstein, former president of the Massachusetts Womens Bar Association, wrote in a column in
the associations newsletter that divorce-connected restraining orders are doled out "like candy."
"Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply,"
and "the facts have become irrelevant," she reports. "In virtually all cases, no notice, meaningful
hearing, or impartial weighing of evidence is to be had." Yet a government analysis found that fewer
than half of all orders involved even an allegation of physical violence.

It doesnt take much to violate such restraining orders. "Stories of violations for minor infractions are
legion," the Boston Globe reported on May 19, 1998. One father was arrested "when he put a note in
his sons suitcase telling the mother the boy had been sick over a weekend visit." Another was arrested
"for sending his son a birthday card." Parents are arrested for attending their childrens worship
services, music recitals, and sports activitiesevents any stranger may attend. National Public Radio
broadcast a story in 1997 about a father arrested in church for attending his daughters first
communion. During the segment, an eight-year-old girl wails and begs to know when her father will be
able to see her or call her. The answer, because of a "lifetime" restraining order, is never. Even
accidental contact in public places is punished with arrest.
Restraining orders are in fact more likely to cause than to prevent violence, since laws separating
parents from their children can provoke precisely the violence they are designed to prevent. "Few lives,
if any, have been saved, but much harm, and possibly loss of lives, has come from the issuance of
restraining orders," retired Dudley district court justice Milton Raphaelson wrote last year in the
Western Massachusetts Law Tribune. "It is the opinion of many who remain quiet due to the political
climate. Innocent men and their children are deprived of each other."
Domestic violence has now been federalized in a legislative agenda whose conscious aim is to promote
easy divorce. Donna Laframboise of Canadas National Post wrote that federally funded battered
womens shelters in the United States and Canada constituted "one-stop divorce shops" whose purpose
was not to shelter women but to secure custody for divorcing mothers. The Violence Against Women
Act, renewed by Congress in 2000, "offers abundant rewards" for making false accusations, writes
Professor Susan Sarnoff of Ohio State University, "including the rights to refuse custody and even
visitation to accused fathers, with virtually no requirements of proof." The laws definition of domestic
violence is so broad that "it does not even require that the violence be physical."
Authorities bully some women into taking out restraining orders by threatening to take away their
children. The February 20, 2001, edition of the Massachusetts News described how Heidi Howard was
ordered by the Massachusetts Department of Social Services to take out a restraining order against her
husband and divorce him, though neither parent was charged with any wrongdoing. When she refused,
the social workers seized her children. Reporter Nev Moore claims to have seen hundreds of similar
cases. Government officials can now impose divorce not only on one unwilling parent but on both.
While the domestic violence industry is driven by federal funding, the main financial fuel of the divorce
machinery is "child support," which subsidizes and encourages unilateral divorce. Bryce Christensen of
the Howard Center for Family, Religion, and Society argues for a "linkage between aggressive childsupport policies and the erosion of wedlock."
Those accused of failing to pay child support"deadbeat dads"are now the subject of a national
demonology. Yet a federally funded study by Sanford Braver, published as Divorced Dads: Shattering the
Myths, found government "estimates" of nonpayment are produced not from any official statistics but
entirely from surveys of custodial parents. Braver concluded that "the single most important factor
relating to nonpayment" is unemployment.
Braver is not alone. Columnist Kathleen Parker has concluded that "the deadbeat dad is an egregious
exaggeration, a caricature of a few desperate men who for various reasonssometimes pretty good
onesfail to hand over their paycheck, assuming they have one." Deborah Simmons of the Washington
Times likewise found "scant evidence that crackdowns...serve any purpose other than to increase the
bank accounts of those special-interest groups pushing enforcement."

Child support enforcement is now a massive industry, where revolving doors, financial transfers, and
other channels connect family courts with legislators, interlocking executive agencies on the federal,
state, and local level, with private contractors.
To encourage divorce, child support must be set high enough to make divorce attractive for mothers,
and setting it is a political process conducted by officials and groups that thrive on divorce. About half
the states use guidelines devised not by the legislature but by courts and enforcement agencies. Yet
even legislative enactment is no guarantee of impartiality, since legislators may divert enforcement
contracts to their own firms.
The ethical conflicts extend to the private sector, where collection firms also help to decide the levels of
what they are to collect. Not only does an obvious conflict of interest impel them to make the burdens
as high as possible to increase their take in absolute terms (and to encourage divorce), but the firms can
set the levels high enough to ensure the arrearages on which their business depends.
While working as a paid consultant with the Department of Health and Human Services (HHS) during the
1980s, Robert Williams helped to establish uniform state guidelines in the federal Child Support
Guidelines Project. Predictably, Williamss guidelines sharply increased support obligations in many
states. Economist Mark Rogers charges in Family Law Quarterly that they resulted in "excessive
burdens" based on a "flawed economic foundation." Williams himself acknowledges that "there is no
consensus among economists on the most valid theoretical model to use in deriving estimates of childrearing expenditures." Donald Bieniewicz, author of an alternative guideline published by HHS, writes,
"This is a shocking vote of no confidence in the...guideline by its author"a guideline used to
incarcerate parents without trial.
Governments also profit from child support. "Most states make a profit on their child support program,"
according to the House Ways and Means Committee, which notes that "states are free to spend this
profit in any manner the state sees fit." With substantial sums at stake, officials have no incentive to
discourage divorce, regardless of their party affiliation. Notwithstanding rhetoric about strengthening
the family, neither Democratic nor Republican lawmakers are likely to question any policy that fills the
public coffers.
The trampling of due process in child support prosecutions parallels that in domestic violence cases,
since a parent may legally be presumed guilty until proven innocent, and the parent will not necessarily
have a lawyer or a jury of his or her peers. "The burden of proof may be shifted to the defendant,"
according to the National Conference of State Legislatures (NCSL), which approves these methods. "Not
all child support contempt proceedings classified as criminal are entitled to a jury trial," adds NCSL, and
"even indigent obligors are not necessarily entitled to a lawyer."
In the decades since the inception of no-fault divorce, family law has gradually become an ethical
cesspool. Attorneys such as Hession charge that tapes and transcripts of hearings are routinely altered in
family court. Hessions forensic evidence was published last year in the Massachusetts News. When his
client, Zed McLarnon, complained about the tampering and other irregularities, he was assessed $3,500
for attorneys he had not hired and jailed without trial by the same judges whose tapes were allegedly
doctored. "This is criminal misconduct," attorney Eugene Wrona says of similar practices in
Pennsylvania, "and these people belong in jail." In May 1999, Insight magazine exposed a "slush fund"
for Los Angeles family court judges into which attorneys and court-appointed "monitors" paid. These
monitors are hired by the court to watch parents accused of spousal or child abuse while they are with
their children.

The corrupting power of forced divorce now extends beyond the judiciary, validating the popes
observation that its consequences spread "like the plague." In 2000, four leading Arkansas senators
were convicted on federal racketeering charges connected with divorce. One scheme involved hiring
attorneys to represent children during divorce, a practice generally regarded as a pretext to appoint
cronies of the judge. In the April 29, 1999, edition of the Arkansas Democrat-Gazette, John Brummett
wrote that "no child was served by that $3 million scam to set up a program ostensibly providing legal
representatives to children in custody cases, but actually providing a gravy train to selected legislators
and pals who were rushing around to set up corporations and send big checks to each other."
The affair illustrates one reason legislators protect judges and their associates in the courts. Divorce
attorneys are prominent in state legislatures. Tony Perkins, who sponsored Louisianas celebrated
"covenant marriage" law, reports that similar measures have failed in some "seemingly sympathetic
legislatures" because of "opposition from key committee chairmen who were divorce lawyers."

The potential of child support to become what one Arkansas player termed a "cash cow," providing
officials with "steady income for little work," has been exploited elsewhere. The Washington Post
reported in July 2000 that a top adviser to Prince Georges County, Maryland, executive Wayne Curry
received contracts without competitive bidding for child support enforcement within days of leaving the
county payroll. In March 2002, Maryland announced a criminal investigation of Maximus, which runs
Baltimores program. The alleged misconduct included collecting money from parents even after their
children had reached adulthood and then refusing to refund it. The whistle-blower expressed fear for
her personal safety, according to the Baltimore Sun.
Throughout the United States and abroad, child support enforcement has been plagued with corruption.
Kansas awarded a contract to Glenn and Jan Jewett, who were involved in bingo operations in Las Vegas
and spent time in federal prison for drug trafficking, forgery, concealing stolen property, and writing bad
checks. The DuPage County, Illinois, child support system has been under investigation for fraud. "A
string of foul-ups plaguing Ohios child support system," included "millions of dollars worth of
improperly intercepted income tax refunds and child support payments," according to the Cleveland
Plain-Dealer and WHIO television in Dayton. In Wisconsin, "Parents who owe nothing have been billed
thousands of dollars," according to the Milwaukee Journal Sentinel, including a man billed for children in
their 40s, who "was compelled to prove his innocence."
In October 1998 the Los Angeles Times investigated fraud and due process violations in the L.A. child
support enforcement system. Deputy District Attorney Jackie Myers had left office in 1996 because, he
said, "I felt we were being told to do unethical, very unethical things." In December 1999, Insight
reported on the case of a father left by the district attorneys office with $200 a month to care for a
family of four. One month, the district attorney "took all but $1 of his $1,200 paycheck."
Following the Times series, HHS was moved to investigate criminal fraud in the citys system, but the
General Accounting Office found the investigation "consisted of just two phone calls"one to "one of
the DA office employees who had engaged in misconduct." HHS apparently "did not interview any of
more than a dozen people who a confidential informant claimed had firsthand knowledge of
wrongdoing within the child support program."
The divorce industry depends on the widespread violation of what most people still hold to be the most
solemn promise one makes in life. It is no coincidence that public officials whose livelihoods depend on
encouraging citizens to betray their private trust will not hesitate to betray the trust conferred on them

by the public. Likewise, a society where private citizens are encouraged not to honor their commitments
is a society that will not hold public leaders to their promises. Maggie Gallaghers observation that
marriage has become "the only contract where the law now sides with the party who wants to violate it"
raises the question of whether we are willing to allow our government to be an active party to deceit
and faithless dealing.

Our present divorce system is not only unjust but fundamentally dishonest. For all the talk of a "divorce
culture," it is not clear that most people today enter the marriage contract with the intention of
breaking it. "If the marital vows were changed to ...until I grow tired of you, or ...for a period of five
years unless I decide otherwise, and the state were willing to sanction such an agreement, then divorce
would not be such a significant event from a moral point of view," attorney Steven L. Varnis writes in
Society. "But there is no evidence that the content of marital vows or marital expectations at the time of
marriage has changed." Varnis may be only half right, but even so, the point is that the marriage
contract has become unenforceable and therefore fraudulent. Until this changes, it seems pointless and
even irresponsible to encourage young people to place their trust and their lives in it.
One may argue that government should not enforce the marriage contract, or any contracts for that
matter (though the Constitution holds otherwise). But I am not aware of anyone who suggests the
government should be forcibly abrogating contracts, let alone luring citizens into contracts that it then
tears up. If we truly believe our present divorce policy is appropriate, we should at least have the
honesty to tell young people up front that marriage provides them with no protection. Let us inform
them at the time of their marriage that even if they remain faithful to their vows, they can lose their
children, their home, their savings and future earnings, and their freedom. Not only will the government
afford them no protection; it will prosecute them as criminals, though without the due process of law
afforded to formally accused criminals. And let us then see how many young people are willing to start
families.
It is one thing to tolerate divorce, as perhaps we must do in a free society. It is another to use the power
of the state to impose it on unwilling parents and children. When courts stop dispensing justice, they
must start dispensing injustice. There is no middle ground.
Stephen Baskerville teaches political science at Howard University and is author of Not Peace But a
Sword: The Political Theology of the English Revolution.